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Case Studies

What is a BDBN? And should you have one?

A “BDBN” or “Binding Death Benefit Nomination” is an important legal document for anyone who has any form of superannuation.

Helping with the BIG little things

Coast2Bay Housing Group is a not-for-profit company committed to providing affordable safe and appropriate homes to individuals and families throughout the Sunshine Coast, Noosa, Moreton Bay, Redcliffe and Gympie regions. SPM Director Michael Sobey was on the board of the company for 9 years

Courtroom Follies

Charles Dickens wrote “the Law is a ass” but is it possible to make an ass of ourselves before the law?
Ordinarily, the courts are a place for serious matters and serious faces. Sometimes however, even the Courts can become a source of unintended amusement as the following recent cases illustrate.

iPhone Wills - When is Cash not Cash?

Interesting case study where a Will made on an Iphone resulted in a Supreme Court application

Loans from Parents and Third Parties in Property Settlements

“If I receive a loan from a family member or friend during my marriage does it have to be repaid after separation and who has to pay it? What if I thought it wasn't a loan but a gift?”

Property disputes involving a spouse’s parents as a “third party” are becoming increasingly common in family law matters. The Family Law Act gives the court extensive powers to make orders that can alter the rights, property interests and liabilities of third parties

Beware the Fines

‘tis the season for interstate travel and double demerit points!

Who said lawyers aren't artistic?

For those of you who have ever wondered what a colouring in book for lawyers looked like we couldn't resist showing you a few pages from a recent email we received. We encourage you to embrace your creative capacity .

Kirby’s Courtroom Quotes

From observations on “getting hammered;” Paris Hilton to BMX Bikes; PlayStations to Ice-Cream, Kirby J is always on form, and with that in mind, we have compiled some of his more entertaining exchanges from the bench:

Dating Naked - What could possibly go wrong?

An oldie but a goodie!!
In most contracts, there exists a short clause which can make all the difference when things go awry and litigation commences.

Landlord to pay tenant $11,000 for smoking

Decision to order a landlord to pay a tenant over $11,000 in compensation, declaring a unit that was affected by smoke from a smoker in a downstairs unit was unsuitable for occupancy.

Statutory Wills

In an increasing number of unfortunate situations, such as where a person is injured and receives a large personal injury payout, a statutory will is utilised to allow distribution in a manner that the injured person would wish.

Killer Whales Can Kill.... Who Knew?

An oldie but a goodie......On 6 July 1999, Daniel Duke wanted a swim with “Tilikum” the Killer Whale at SeaWorld, Florida

Beware the Self-Serve Bar

The Fair Work Commission has recently handed down a decision that serves as a timely reminder to employers of the need to set appropriate boundaries at work events.

Protecting an Inheritance from Family Law Proceedings

An oft touted statistic is that 1 in 3 marriages will end in divorce.
While this is a difficult time for the spouses involved, it also can wreak havoc on the estate planning of other members of the family, as an inheritance or the expectation of an inheritance can have a significant impact on the division of matrimonial property between divorcing spouses.

Unfair Dismissal - Don't use the F Word

In a recent and very interesting case before the Fair Work Commission, an employee was found to have been unfairly dismissed when her employer told her to F- Off.

The Commission ruled that Ms Reid, a book-keeper, was unfairly dismissed when the chief executive of the company she worked for, Mr Gamble, told her “just F- off and get out”

Gambling Husband Loses Out

The Family Court was asked to consider the distribution of matrimonial assets in a 20 year marriage. The husband had been the primary bread winner and the wife was the primary home maker. They had two children and a relatively small asset pool of about $400,000.

No Job? Blame Your College

Is three months too long to look for a job?

Sexual Harassment in the Work Place

A recent case highlights the costly consequences of sexual harassment in the workplace. An employed accountant complained of being sexually harassed by a contract worker at her workplace.

Why do I need a will?

Peter Brock was a well known and successful Australian motor racing driver. He passed away while competing in a car rally in Western Australia in September 2006.

Despite Peter’s talent for motor racing, his story is also one that demonstrates how important it is to have a solicitor prepare a valid Will.